ST. LOUIS – The American Civil Liberties Union of Eastern Missouri is challenging the City of Ellisville’s policy and custom of retaliating against drivers who use their headlights to send a message to slow down and proceed with caution. The suit was filed April 16, 2013, in the U.S. District Court, Eastern District of Missouri, Eastern Division.
While driving along Kiefer Creek Road last November, Michael Elli, flashed his headlights to warn oncoming traffic to proceed with caution. He was pulled over by a City of Ellisville police officer and issued a citation for flashing lights to warn of radar ahead. When Elli appeared in municipal court, he was told the standard punishment is a $1,000 fine. The charge against Elli was eventually dismissed.
“Those who use their First Amendment rights to warn others to drive cautiously should not be punished for their message,” says Tony Rothert, legal director of the ACLU-EM. “After all, the purpose of traffic laws is to promote safety, not generate revenue.”
